Tenth Circuit Stays Decision on Colorado Initiative Distribution Requirement

Posted on by April 13, 2018
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On April 12, two judges of the Tenth Circuit stayed the U.S. District Court’s February 2018 order in Semple v Williams, 18-1123. The district court had enjoined a 2016 law that says initiatives must be signed by 2% of the registered voters in each of the 35 State Senate districts. The district court said that violates “one person, one vote” because the population of a State Senate district is not necessarily proportional to the number of registered voters in each State Senate district.

The order of the Tenth Circuit is only two pages and does not explain why the Tenth Circuit stayed the lower court order. The Tenth Circuit order is signed by Judges Carolyn McHugh and Nancy Moritz. Both are appointees of President Obama.

The lawsuit had been filed by proponents of an initiative that would have established universal health care in Colorado.

New Mexico Incumbent Magistrate Fights in Court to Regain Spot on Democratic Primary Ballot

Posted on by April 13, 2018
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An incumbent magistrate judge in New Mexico is carrying on a court fight to be put on the Democratic primary ballot. The primary is June 5. A state district court had put her on the ballot, but on April 11, the State Supreme Court removed her. However, it appears she can re-file her lawsuit in a different district court and still prevail. See this story.

She was originally elected as a Democrat, and she expected to run for re-election this year as a Democrat, but apparently her registration was accidentally changed from “Democrat” to “independent” when she visited a state agency about her drivers license, so the county clerk wouldn’t include her on the Democratic primary ballot, so far. Her original court case was filed in Santa Fe County, which has jurisdiction over the Secretary of State. But she should instead have filed in the district court in the county that has jurisdiction over her county clerk.

Joel Fox Believes California May Elect an Independent Insurance Commissioner This Year

Posted on by April 13, 2018
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Joel Fox, an analyst of California politics, writes here that Steve Poizner may very well be elected Insurance Commissioner of California this year. Poizner is an independent. If he wins, it would be the first time someone who wasn’t a Democrat or a Republican has been elected to partisan statewide office in California since 1914.

As the column notes, the key advantage for Poizner is that no Republican filed to run. His opponents are two Democrats and one Peace & Freedom member.